Constitutional Law General Business Alternative Dispute Resolution (ADR)

Read Constitutional Law updates, alerts, news, and analysis from leading lawyers and law firms:
News & Analysis as of

Struggle At The Supreme Court Over Arbitration Clauses

The U.S. Supreme Court returned to familiar territory last week in DirecTV Inc. v. Imburgia (argued Oct. 6, 2015): the enforceability of an arbitration clause in a consumer contract containing a class action waiver. But...more

Mexico’s Energy Reforms and Dispute Resolution System

In 2013, Mexico’s President submitted an initiative to Congress to modify the Mexican Constitution to allow private parties to perform exploration and production activities in Mexico. The initiative also included...more

Delaware Rapid Arbitration Act

On April 2, 2015, Delaware Governor Jack Markell signed legislation enacting the Delaware Rapid Arbitration Act (“DRAA”) which became effective on May 2, 2015. 10 Del. C. § 5801, et seq. On June 17, 2015, the Delaware Supreme...more

Delaware Legislature Introduces Rapid Arbitration Act

The Delaware Rapid Arbitration Act, House Bill 49, was recently introduced in the Delaware General Assembly. The proposed Act would establish a streamlined arbitration procedure to resolve disputes involving Delaware business...more

PTAB Will Not Review Contract Issues Even if They Relate to Standing

Whether a Petitioner breached a contract, that limited its ability to challenge a patent, is an issue outside the purview of the PTAB, per a recent decision in Ford Motor Company v. Paice LLC & The Abell Foundation, Inc.,...more

California Case Requires Arbitration Despite Lack of Actual Controversy

For parties to litigate a contract dispute in a court of law, the parties’ disagreement must have ripened into an actual controversy presenting more than a mere academic difference of opinion. But under a recent California...more

Delaware Program Struck Down: Independent Legal Counsel Still Best Avenue for Private Arbitration

The U.S. Supreme Court decided last Monday to not hear a case involving the State of Delaware's effort to create a state-sponsored program where sitting judges could confidentially arbitrate business disputes. Lower courts...more

PTAB - Ford is not barred from challenging a patent on a hybrid vehicle based on the unproven assertion that it breached an...

In Ford Motor Company v. Paice LLC & The Abell Foundation, Inc., Ford filed a petition seeking inter partes review of U.S. Patent No. 8,214,097 relating to a hybrid vehicle having, among other things, both an internal...more

Arbitration World - July 2014

Welcome to the 27th edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic arbitration for executives and...more

March 2014: International Arbitration Update

Australia’s Highest Court Upholds Constitutionality of the Country’s International Arbitration Law. In TCL Air Conditioner (Zhongshan) Co. Ltd. v. The Judges of the Federal Court of Australia [2013] HCA 5, Australia’s High...more

Enforcing Your Arbitration Agreement Just Became a Great Deal Easier

Courts regularly praise private arbitration as a means of affording flexibility to the parties, reducing costs and time, and lessening the burden on the judicial system. In some cases though, arbitration clauses can present a...more

3d Circuit Says Delaware Can’t Have Secret Arbitrations By Judges

The Third Circuit ruled last week that Delaware’s Chancery Court could not offer its judges’ services as neutral arbitrators in its courtrooms, unless those arbitrations were open to the public. In 2009, the Delaware...more

NLRB Decisions To Fall Like Dominos?

As you may have heard, the District of Columbia Circuit Court of Appeals recently sent shockwaves through the labor relations world by holding that President Obama's "recess" appointments to the National Labor Relations Board...more

Reed Smith Massachusetts Quarterly Update - 4th Quarter 2012

Welcome to the first of a new series of quarterly updates from Reed Smith on state tax developments in Massachusetts. Every three months we will be updating you on the key cases and administrative releases, as well as...more

Jams Dispute Resolution -- Winter 2012

In This Issue: IN DEPTH - ..How ADR Intersects with Multidistrict Litigation ADR CONVERSATIONS - ..Increased Diversity in ADR Essential to Keep Up with Evolving Global Marketplace ADR NEWS & CASE...more

Non-Compete Agreements with Arbitration Clauses Get Boost From US Supreme Court

Employers and employees often enter into non-compete agreements that limit an employee’s ability to compete with an employer during, or after, the employee’s employment. These agreements are often the subject of intense...more

Arbitration Process Reconfirmed in Landmark Indian Supreme Court Decision

On September 6, 2012, the Supreme Court of India delivered a landmark decision in Bharat Aluminium Co v Kaiser Aluminium Technical Services Inc. In a decision that is expected to be welcomed by the international arbitration...more

Delaware Arbitration Procedure Ruled Unconstitutional

On August 30, 2012, U.S. District Court Judge McLaughlin of the U.S. District Court for the Eastern District of Pennsylvania, sitting by designation for the U.S. District Court for the District of Delaware, ruled 10 Del. Code...more

Are Residential Real Estate Contracts Outside The Bounds of Interstate Commerce?

The Supreme Court of South Carolina just ruled that contracts for the sale of residential property are not interstate commerce, and therefore are outside the reach of the Federal Arbitration Act. Bradley v. Brentwood Homes,...more

Hong Kong Court of Appeal Overturns an Order of the Court of First Instance to Set Aside ICC Arbitration Award

The Hong Kong Court of Appeal has recently handed down a decision in Pacific China Holdings Ltd v. Grand Pacific Holdings Ltd overturning an order of the Court of First Instance to set aside an ICC arbitration award made in...more

Appellate Court Upholds Binding Mediation Agreement

The California Constitution (Art. I, § 16) guarantees an “inviolate” right to a “trial by jury”. In a civil case, the right to a jury may be waived by “the consent of the parties expressed as prescribed by statute”. Id. ...more

What is the dollar in the United States

A dollar in the United States is a Spanish Milled dollar coin, or its equivalent, in coin form, containing 371.25 grains of fine silver. Legal authority quoted, cited, and linked....more

English Supreme Court Champions Party Autonomy in Arbitration

The often-cited list of advantages of arbitration includes economy, speed, procedural flexibility, the ability to choose arbitrators, the neutrality of the process and cross border enforcement of awards. While parties with...more

Striking Down Class-Action Waivers in Arbitration: Freedom of Contract vs. Fairness of Contract

Determining the enforceability of mandatory class-action waiver provisions in arbitration clauses is not merely an academic exercise for those sheltered within ivory tower walls. Indeed, a number of important legal and public...more

Homeowner Associations And Members Not Necessarily Bound By Arbitration Provisions In CC&RS Or In Related Purchase Agreement Where...

Homeowners and homeowner associations are not necessarily bound by arbitration provisions in a declaration of covenants, conditions and restrictions, or in a related purchase agreement, where the developer is the initial and...more

28 Results
View per page
Page: of 2

Follow Constitutional Law Updates on:

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.